A Research On Administrative Avoidance System

As the growing distension of the administrative power, the surveillance system has been brought into focus. Procedure is one of the most effective way to constrain administrative power, therefore, the study of administrative processes and procedures has been a hotspot for nearly 20 years, and a code of overall administrative procedures will be promulgated by the State Council soon. Administrative avoidance system, as a law system for just administration, is taken seriously because it can meet people's inborn expectations for fair treatment. Administrative power is executed by the administrative officials, with individual nature and complicated social relationships, who often have conflict of interests with the dealing cases. China has an ethic social tradition. The kindred ship concept and custom interest result in a rooted idea of attaching importance to kindred ship and relationship. The mixed complex social relationship has an impact on the administrative power execution. Only when the officials have no conflict of interests with the dealing cases can they guarantee the justice.While most countries and regions in the world have a comparatively perfect administrative avoidance system nowadays, a good many problems of its kind exist in China. However, fewer scholars in China have brought administrative avoidance system into research. While the Administrative Procedure Acts will be promulgated soon, it is of theoretic and realistic significance to make, a systemic in-depth study on the administrative avoidance system.This thesis makes a discussion in five parts. The first one is an Introduction to administrative avoidance system, it introduces the concept, characteristic, necessity, value and significance of existing of administrative avoidance system. The second part is by an in-depth research of the theoretic basis of administrative avoidance system, it dissertates how "Natural Justice Principle" and "On Humanity" impact the administrative avoidance system. The third one makes an in-depth analysis of the existing condition,malpractice and cause of formation of China's present administrative avoidance system. The forth part is by making a comparison of the system in foreign countries, Taiwan and Macao, with the attitude of "seeking answers with questions", it points out their advantages and proposes the revelation to China's administrative avoidance system. The fifth one, on the basis of the analysis above, analysis the precondition of perfecting China's present administrative avoidance system, then it puts forward some measures to perfect China's administrative avoidance systemThe article, from the point of view of law, by means of comparative analysis and empirical analysis, combining with sociology, philosophy, politics, makes a comprehensive study on administrative avoidance system. It attaches great importance on the unification of theoretic rationality and practical feasibility. With the conclusion that it is urgently to perfect China's present administrative avoidance system, through a comparison with other countries and regions, the author puts forward that the improvement of present administrative avoidance system should be implemented by "Administrative Procedure Act" which will be promulgated soon. This article, proposes the concrete improvement measures, then, aims to provide theoretical guidance to perfect China's current administrative avoidance system.